Complainant Sukhjit Kaur vide the present complaint against the opposite parties U/S 35 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to install a new domestic connection in her house as she has been deposited security fee of Rs.2289/- as required by the opposite parties, in the interest justice.
2. The case of the complainant in brief is that she has applied for getting new domestic electricity connection on 13.08.2020 vide receipt No.286 by depositing an amount of Rs.2289/- as a security fee. She is entitled for the new electricity connection as she has already completed all the formalities and has supplied all the necessary documents as required by the opposite parties. She has next pleaded that now a period of 1.1/2 months has elapsed but the opposite parties has not installed new domestic electric connection. She has so many times approached the opposite parties in this regard, but they are procrastinating the matter without any reason or rhyme and this act of the opposite parties clearly shows the unfair trade practice and deficiency in service on the part of the opposite parties. In these days, it is not possible for anyone to live/survive without electricity as the electricity is the main part of the life of everyone but due to the illegal act of the opposite parties she and her family members are suffering too much mentally as well as physically without any fault. Few days back, she approached to the opposite parties to obtain electricity connection, but they again lingered on the matter with one pretext or the other. Hence, this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply. It is admitted that the complainant has deposited the amount for the allotment of new domestic supply electric connection. Actually, a domestic supply electric connection bearing Account No.GF 65/805-P was running the name of father-in law of complainant Sukhjit Kaur namely Amrik Singh son of Santokh Singh in the same premises in which she intended to get a new electricity connection and deposited the money for the same. The said connection GF65/805-P was disconnected vide DCO No.57/815 dated 12.11.2019 affected on 24.7.2020 due to non-payment of its consumption charges Rs.21,317/-. Apart from it, the premises/house of said Amrik Singh was checked on 13.08.2020 by the Enforcement PSPCL, Batala vide ECR No.25/2486 dated 13.8.2020 and it was detected that no meter was installed at the spot and the electricity was being directly consumed. The illegally running electric Load was found 1240 Watts, apart from it a shop named and styled as Baba Nam Dev Motor Parts was also running in the premises of this house with illegal running load of 200W. By this way the previous consumer Amrik Singh was found stealing electricity in this house. The checking report was prepared at the spot and it bears the signatures of checking officer and his subordinate staff. The SDO of Ghoman Sub Division and JE of area were also present there who also put their signatures on the checking report. After summing up the penalty for this theft of electricity, a notice vide Memo No.1226 dated 17.8.2020 for an amount of penalty Rs.61,231/- was sent to Amrik Singh son of Santokh Singh resident of Ghoman. Apart from it another Memo bearing No.1227 dated 17.08.2020 was also sent to the SHO Anti Power Theft Police Station Verka to lodge FIR against Amrik Singh son of Santokh Singh. It has next submitted that the new domestic electric connection could not be given to the complainant Sukhjit Kaur in the same premises as her Father-in-law Amrik Singh did not make the payment of consumption charges and penalty for the theft of electricity. Said Amrik Singh has also filed a Civil Suit in the Civil Court Batala challenging the Assessment order of theft of electricity etc. All other averments made in the complaint have been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Ld.counsel for the complainant has tendered affidavit of complainant Ex.CW1/A along with the other documents exhibited as Ex. C1 and Ex.C2 and closed the evidence.
5. Alongwith the written statement, the opposite parties has filed affidavit of Er.Sushil Gaind SDO PSPCLtd. Ex.OP-1 alongwith other documents Ex.OP-2 to Ex.OP-6.
6. We have carefully gone through the pleadings of counsels for the parties and written arguments by both the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.
7. In this case, the complainant is seeking installation of the Domestic Electric Connection for which she applied on 13.8.2020 by depositing an amount of Rs.2289/- vide receipt No.286 i.e. Ex.C-2. It is averred by the opposite parties in written statement that the electric connection has not been installed on the ground that earlier an electric connection bearing Account No.GF-65/805-P was running in the name of Sh.Amrik Singh, father-in-law of the complainant which had been disconnected due to nonpayment of Rs.21,317/- and amount of Rs.61,231/- raised vide memo no.1226 dated 17.8.2020 on account of theft of electricity is also pending for payment. It is further alleged by the opposite parties that the Civil Suit filed by Sh.Amrik Singh is also pending in the Civil Court of Batala.
8. Ld.counsel for the opposite parties argued that the electric connection cannot be installed in view of Regulation No.30.13 of Supply Code 2014. This Regulation reads as follows:-
“If a consumer vacates any premises to which electricity has been supplied by a distribution licensee without paying all charges due from him in respect of such supply, or for the provision of an electricity meter, electric line or electrical plant, the distribution licensee may refuse to give him supply at any other premises until he pays the amount due and also may refuse to connect such premises either on request from existing consumer or on application for new connection by any person till all dues are cleared.”
9. Complainant in rejoinder to the written statement has rebutted the plea of the opposite party that the complainant had applied for electric connection at that very premise where electric connection in the name of Sh.Amrik Singh was installed and had been disconnected on account of nonpayment. Complainant has specifically mentioned that electric connection in the name of the complainant was to be installed in some other property and not in her father-in-laws property.
10. In order to rebut this contention of the complainant, opposite party has not placed any document showing that both the premises are the same. Burden of proof lies upon opposite party to prove this contention by documentary evidence, which the opposite party failed to produce on record. Hence, in absence of any such evidence, it cannot be said that the act of the opposite party of not installing the electric connection is justified. Moreover, opposite party can claim recovery of amount from Sh.Amrik Singh in Civil Suit which is pending in Civil Court of Batala. Even as per above mentioned Regulation, electric connection can be denied to same person in same premises or another premises or to same other person in defaulting premises. But nowhere it is mentioned that electric connection can be denied to another person in another premises. Hence, the ground taken by opposite party for non-installation of electric connection is having no legs to stand.
11. In view of the above discussion, facts and circumstances, complaint filed by complainant is partly accepted and opposite parties are directed to install the connection in the premises of the complainant. Opposite parties are further directed to pay a sum of Rs.7,000/- as compensation for the harassment undergone by the complainant alongwith a sum of Rs.5,000/- as litigation expenses. Order be complied within a period of 30 days of the receipt of copy of the order.
12. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Neelam Gupta)
President
Announced: (Harvimal Dogra)
March 19, 2021 Member
*MK*
